Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1887-12-08
RAILROAD GRANTS.
Tho Secretary Of tho interior on
Land Grants.

gives some Interesting IdClS III TeRdEu 70
railroad land grants. The report says:
Shortly after my appointment to the position
which / now have the honor to hold, and as
became somewhat familiar with the public land
system, its organizations and the WORKINGS
thereof, became more and more impressed
with the fact that the public domain was being
diverted from its legitimate purpose and con-
vcrted TO objects, the inevitable effects OF which
were repugnant to the entire theor. on which
the land system was based.
Apart from the methods OF Illegal appropria-
ton OF the public domain efiected through the
perversion of the several laws for acquiring title
thereto, became convinced that the admins
tration OF Congressional grants OF lands to
wagon and rail roads had given rise to enormous
abuses Congress had not only made grants,
which, in some instances exceeded in extent
the area OF a half dozen OF the largest and most
populous STATES Of the Union, but in addition
provided that any losses OF lands within the
granted limits should be satisfied by selections
Of lands within other and adjoining limits,
thus nearly doubling the Of the
original grant. Under these acts, the
land department had Withdrawn from
public appropriation not only the granted
limits as required by law. but also the lands
within the indemnity limits, at the request OF
the grantee companies. Thus enormous guam
titles OF the public lands were held IN rcserva-
ton TO await the convenience OF the respective
corporations in the construction Of their roads,
the selection OF its lands: and the uncertain ad-
jnstments OF the grants by the department. I
do not for moment question the wisdom OF aid
ing in the construction Of railroads. That
policy was at the time wise one. but in the
light OF experience ii may well be asked whether
1t would not have been wise TO have aided these
great enterprises otherwise than by grants Of
the public domain. Though much good has
been wrought certain il is that the legislation
by which these vast territories passed under
the dominion OF railroad companies gave an
incurable wound TO the homestead scheme be-
fore that scheme had fair opportunity for dis
playing its bcnei!cCat effects. This land grant
legislation was certainly not in harmony with
The theory Of tie distribution OF the public do
main among tn people, and gave UP to capital
lists as = basis for traffic and speculation and
gigantic financial schemes what was. by the
original policy OF the Government, designed to
he homes for an Industrious and thrifty people,
the abodes Of domestic happiness and virtue
and patriotism.
Notwtnstandingt these indemnity Withdrawals
were Ea!e exclusively for the interests of the
company, few OF these, il any o. them, con-
st rIcted their roads within the time pre-
scrDed in the granting act. as an express conGi-
ticn on which the grant was made. Maps of
''prohablc.' general - 'designat-d' and def
nate routes OF said road We're filed with rapid
ity in the department. and Withdrawals there
under ASKED and almost invariably granted. I'M
I'll the public md, States and Territories, wero
grid-ironed over with railroad, granted and in
demnty limits and in many instances the
limits OF one road overlapping and conflicting
with ether roads in the most bewildering man
ner. so that the settler, seeking a home, could
scarcely find one, or perhaps two or three OF the
roads to which grants OF land had been made by
Congress.
Nor was this all. Though the desired tract
might not be apparently covered by rail-
road location, the settler would hardly select it
before agents OF the corporations would set up
Q claim to it, or to the right to occupy and de-
nude il, under the right OF way and oonstruc-
ton privileges conferred by the granting act
Thus The settler, ignorant Of his legal rights
and with no one TO advise him with respect to
either the law or the facts, would for the sake
OF peace and a home, readily consent to pur-
chase f,Cm the company. In this way these
corporations. In addition to the lands granted
them have claimed, sold and received the price
Of great deal of other land to which they had
neither legal nor moral right, nor the shadow OF
either.
The intrusion the hardship and impositions
practiced upon the settlers were greatly in
creased by the bold schemes of the corporated
agents where Withdrawals were made OF lands
TO which the legal title of the companies had
not attached, and which afterwards remained
in the same condition for years through tho
failure % Congress to ESlle the necessary ap-
preparations for the surveys. When, however,
through partial surveys and adjustments OF
grants, lands thus sold by q company were
found to be outside ef the grants and deter
nined by the department to be public lands.
the purchaser from the company found himself
in the unfortunate prcGicament of having lost
both his land and his money. Generally with
out the means TO enter into a costly litigation
with powerful corporation, the deprivation OF
his home. the expenditure and waste OF his
years. his energy and strength. in redeeming
that home from its wild condition. rendered
his mere technical right OF action against
the company but little more than a mock
cry. Years have elapsed since many Of
the grants have been made and other years
since the Withdrawals. Some OF the companies
have constructed the entire limit of their roads,
Others iraSmentary portions only and others
again none Ut all. but the Withdrawals of the
lands were no less effective barrier against
the settlers in the one than in the other.
II mattercd not what might be his equities ac-
Qufred by years OF toll upon what he believed
10 be part Of the National domain, it was de-
ciared by the highest judicial tribunal as eX-
pounded by the highest law officers Of the exec
utive that a withdrawal once made by compe-
tent authority was legal and effective to exclude
nil from intrusion within its limits.
One case where hardship and injustice were
about 10 be inflicted under the law came under
your observation. Guilford Miller settled upon
lands afterward selected and claimed by the
Northern Pacific Railroad Company to be with.
In the withdrawal for indemnity purposes. Some
doubt arising TO the legality OF that with
drawa the case was referred 10y this depart
ment to the Attorney General for his opinion on
the question of the law. ina. officer held that
the withdrawal was legal. and that during its
existence Miller could acquire no right title
N the tract claimed 10y him and on which he
lived.
Whilst recognizing the correctness OF the
law, you saw the injustice Of the far as
the individual settler was affected: and that
hundreds Of others were similarly situated who
might and would be affected: and you directed
that such grants should be administered by
this department as, i: possible, to protect
these settlers from such injustice. stating your
belief, that this can be doLe under the pro-
vision which declares that these selections shall
be made under the direction OF the Secretary of
the Interior"
After years OF waiting. Congress has failed to
empower the depar ment to make the neces- |
kary surveys whereby some OF the grants might |
be adjusted, and no immediate prospect Of such |
surveys was in sight. But law was passed |
March 3, 1887, % revised statutes, Sc. whereby
the Secretary Of the Interior directed to |
Immediately adjust each Of The railroad land |
grants made by Congress TO aid in the construc-
lion OF railroads.
With an earnest desire 10 obey the mandates |
OF Con reSs, 10 give 10 the corporations their |
every right under the laws. and ut the same |
time follow the direction given by you to see |
that ample protection should be extended to |
settlers and those seeking to make settlement |
on public lands IA matter which had been so /
long and so utterly ovcrshadowed) 1 entered |
upon most careful consideration OF the whole |
subject OF the history and law relating to land |
grants. and concluded that if the DEPARTMENT |
was clothed with authority to make indemnity |
Withdrawals, rs had been done in many in.
stances the exercise OF that authority was q |
matter entirely within soJ6nd discretion and not